Overseer of Garda Fixed Charge Processing System finds ‘substantial compliance’

The first annual report by the judge appointed to oversee the Garda Fixed Charge Processing System (FCPS) has been published by Justice Minister Frances Fitzgerald.

Judge Matthew Deery’s report covers his first year as chief of the Independent Oversight Authority for the Garda Fixed Charge Processing System, and outlines his working method and findings over the period.

Judge Deery, a retired president of the Circuit Court, was appointed to the new overseeing body to address concerns raised in relation to Garda policy on the cancellation of penalty points.

In his report, he said there was substantial compliance with the revised Garda FCPS policy introduced in June 2014.

He examined files in a random sample of a week in each three- or four-week period and found little to complain about.

However, he did say that he did not conduct an “exhaustive investigation” as this was beyond his terms of reference.

Judge Deery wrote: “I have examined files where the Cancelling Authority used his discretion and I would not disagree with the manner of the exercise of that discretion. Supporting documentation was provided where necessary and it has to be stated that these cases were very few in the number.”

He also said he did not review any cases where gardaí did not follow correct procedures while driving a private vehicle in the course of duty.

Ms Fitzgerald said: “We have made significant and extensive reforms to the processing and oversight of requests for cancellation of penalty points. I am now satisfied that we have a very robust process in place and this is reaffirmed by Judge Deery’s finding of substantial compliance.

“It is important that the public can have confidence in the operation of the Penalty Points system. Judge Deery’s oversight is extremely valuable in that regard.”